RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00024
INDEX NUMBER: 137.00
COUNSEL: YES
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s records be corrected to show that he elected
spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was told she was not entitled to the SBP because she and the
member were divorced.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former service member and the applicant were married on 18 Dec
56. DFAS records indicate that the former service member declined SBP
coverage prior to his 1 July 1978 retirement. The parties divorced on
11 Oct 95, and the member died on 19 Apr 97. On 30 Apr 98, applicant
petitioned the court and had the divorce decree set aside.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR recommended denial and states, in part, since the member
did not elect SBP coverage on the applicant’s behalf, she was not
eligible to receive an SBP annuity upon his death regardless of her
marital status. The member had an opportunity to provide coverage for
the applicant during the SBP open enrollment periods authorized by
Public Laws (PLs) 97-35 (1 Oct 81 – 30 Sep 82) and 101-189 (1 Apr 92 –
31 Mar 93), but there is no evidence he made such an election. During
each enrollment period, members were advised by direct mail of their
eligibility to make an election. The fact that the applicant’s
divorce was nullified is not sufficient justification to grant this
request and would provide her an additional opportunity, not afforded
to other survivors, whose sponsors declined SBP protection for them.
A complete copy of the Air Force evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant is again asking for fairness and justice in her appeal
to the board, stating that her limited English vocabulary, lack of
understanding of U.S. military procedures and regulations, further
complicated her situation. She requests the benefit of doubt be given
to her, by correcting her deceased husband’s record to show he elected
spouse SBP coverage based on full retired pay (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. The former member had three opportunities to
establish survivor coverage in the applicant’s behalf, prior to his
1978 retirement and during two subsequent open enrollment periods
authorized by Congress. However, there is no evidence he made such an
election. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
00024 in Executive Session on 14 April 2004, under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Michael J. Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 03, w/atchs
Exhibit C. Letter, AFPC/DPPTR, dated 6 Feb 04
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 04
Exhibit E. Letter, Counsel, dated 23 Feb 04
ROSCOE HINTON JR.
Panel Chair
There were no provisions in the law at that time to notify spouses if the servicemember did not elect coverage. There is no evidence that the servicemember elected SBP during any of the authorized open enrollments. Exhibit C. Letter, SAF/MRBR, dated 26 Apr 02.
AF | BCMR | CY2004 | BC-2004-00293
We do not take issue with the applicant’s contention her divorce decree ordered her deceased former husband to provide former spouse coverage for her under the SBP, but he did not do so. However, since neither the applicant nor her deceased former husband took the necessary actions to ensure she was provided former spouse coverage under the SBP within the one-year period in which they could have done so, it appears that the applicant has no legal entitlement to the relief sought. It...
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The law in effect at the time of the applicant’s divorce did not allow retired members to provide SBP coverage even if they wished to voluntarily continue their former spouse’s eligibility. The fact that the member paid spouse premiums until 1987 is not in itself evidence of his intent to provide coverage on the applicant’s behalf. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force...
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At the time of his retirement, 1 November 1980, the member declined SBP coverage. __________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPTR recommends denial, stating there is no evidence of Air Force error or injustice in this case. While the member may have told the applicant that she would receive the SBP, he did not elect SBP coverage on her behalf.
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00935 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Corrective action be taken to show that her former, now deceased spouse, filed a timely election to change his Survivor Benefit Plan (SBP) coverage from spouse and child to former spouse following their divorce. In August 1993, the...
Even though the applicant and the decedent were married at the time of his retirement (1 Apr 91), records indicate that the applicant’s valid concurrence in the decedent’s SBP election was obtained prior to his retirement. Subsequently, the decedent was eligible to provide coverage for the applicant during two SBP open enrollment periods authorized by Public Laws (PLs) 101-189 and 105-126 (1 Apr 92 – 31 Mar 93 and 1 Mar 99 – 29 Feb 00, respectively). We took notice of the applicant's...
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While the applicant claims that the member was unaware of all his retirement benefits, issues of the Afterburner, News for USAF Retired Personnel, were routinely mailed to the member’s correspondence address he provided to the finance center, reminding retirees of their SBP options when marrying after retirement. He could have elected coverage for the applicant at that time, but failed to do so. ___________________________________________________________________ THE BOARD DETERMINES...
AF | BCMR | CY2004 | BC-2004-01375
DPPTR adds that should the applicant provide the pertinent documentation, it would be appropriate to change the record to reflect on the day following the date of divorce, he elected to change his SBP coverage to former spouse coverage based on previous reduced level of retired pay and contingent on recoupment of applicable premiums. DPPTR’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A...